Rohit @ Rohit Singh @ Rohit Kumar Singh @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 380 of 2020 Arising Out of PS. Case No.-404 Year-2019 Thana- KOTWALI District- Patna ====================================================== ROHIT @ ROHIT SINGH @ ROHIT KUMAR SINGH @ ROHIT KUMAR S/o Shivendra Singh @ Shivendra Narayan Singh R/o- Pratap Nagar, P.S.- Saharsa Sadar, District- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kotwali Police Station (for brevity, PS) Case No 404 of 2019 instituted for the offence punishable under Section (s) 392, 411, 413, 120B of Indian Penal Code.

The petitioner is not named in the First Information Report. The informant disclosed that three persons snatched his mobile phone and Scorpio vehicle and fled away. Learned counsel for the petitioner submits that the name of the petitioner figured in the case in the confessional statement of co-accused Md Miraj @ Munna recorded in connection with Gandhi Maidan PS Case No 215 of 2019. Save and except the

Patna High Court CR. MISC. No.380 of 2020(2) dt.18-01-2020 2/3 confession made by the co-accused, there is no material to show the involvement of the petitioner in the present case. The petitioner is in jail since 21.06.2019 and has not been put on Test Identification Parade. It is further submitted by petitioner's counsel that prior to the instant case, three cases were lodged against the petitioner for offence under the Excise Act in which he is on bail. Pursuant to his remand in this case, petitioner is also remanded in four other cases which are mentioned in paragraph 3 of the instant petition. Other than suspicion and the petitioner's antecedent, there is nothing to suggest that the petitioner is in any way connected with the occurrence. There is also no recovery from the petitioner.

Learned APP for the State oppo9sed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kotwali PS Case No 404 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to

Patna High Court CR. MISC. No.380 of 2020(2) dt.18-01-2020 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T